Hrynenko I. Classification of crimes and their criminal significance.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101622

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

21-04-2021

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is a complex research of scientific and legal characteristics of classifications of crimes in criminal law. The theoretical concept (basis, model) of classification of crimes has been constructed; in particular, it consists of principles: functions and object of classification of crimes, criterion and rules of its realization, formalization of results of classification of crimes and its criminal-legal value. Some types of classifications which are proposed to be distinguished in the scientific literature, which contributes to an in-depth knowledge of the nature of classification in general, have been studied. Based on this, it should be noted that the classification of crimes can be divided into types according to different criteria. Principles of crime classifications have been examined as the main provisions, basic ideas, that establish the theoretical and applied principles of construction of crime classifications, the foundation (basis, basis) of the formulation of the rules of classification of crimes in criminal law. The principles of classification of crimes should include: the principle of completeness; principle of communication; the principle of dynamism; the principle of stability; the principle of expediency; principle of historicism. Rules for the classification of crimes have been developed as scientific universal provisions that should be followed in the creation of any criminal classifications of crimes. The understanding of the functions of crime classifications is clarified, in particular: methodological; theoretical and practical; integrative; delimiting (distributive); concretizing. Сrime as the object of classification of crimes has been analyzed. In studying the genesis of the crime in legal doctrine and criminal law, the main approaches to this concept are clarified: a) formal; b) material; c) formal-material (material-formal). Today, the historically changing nature of the concept of crime and understanding of its legal nature is confirmed by the development of criminal doctrine and criminal legislation. The classification of crimes as a dynamic phenomenon has its origins and the corresponding stages of development and formation. The attention has been focused on the fact that the list of criteria for the classification of crimes into types is almost endless. The main attention is paid to classifications of crimes, namely: a) classification of crimes depending on the form of guilt (guilt); b) classification of crimes depending on the completeness of the commission of the crime by the subject; c) classification of crimes depending on the quantitative composition of the subjects of the crime; d) classification of crimes depending on the severity. In addition, classifications of crimes have been established depending on the characteristics of the subject of the crime according to the following criteria: a) depending on the degree of awareness of the subject of their actions (inaction) during the crime, b) depending on the age at which a person may be criminally liable, c) depending on whether the subject of the crime is an adult, d) depending on the presence or absence of the subject of the crime of additional features. The study of these classifications of crimes is explained by their fundamental importance both to the science of criminal law and to the practice of applying the Criminal Code.

Files

Similar theses